Since 2015, with the approval of the Law of Voluntary Jurisdiction, it is possible to divorce before a Notary Public, which is known as a notarial divorce.

What are the requirements?

To make it possible, only the following requirements must be met:

  • Three months or more must have passed since the celebration of the marriage.
  • There must be mutual agreement between the spouses.
  • The most important requirement is that there are no minor children or children with their legal capacity modified by the court. In the case of minor unemancipated children, the divorce must always be processed before a Judge. If there are emancipated minor children or adult children, they must also give their consent “regarding the measures that affect them for lacking their own income and living in the family home.” Regarding the previous point, the woman cannot be pregnant. This is because the conceived child is considered born for all purposes that may benefit him or her.
  • The spouses must attend in person; it cannot be done by representation.
  • The spouses must be assisted by a lawyer, who must also sign the divorce deed.

What documentation will be necessary?

  • ID or NIE of the spouses
  • Family book to prove that the spouses do not have minor children.
  • Marriage certificate.
  • Birth certificate of adult children if any.
  • Certificate of registration of the spouses to prove the territorial jurisdiction of the Notary.
  • Regulatory Agreement prepared by the contracted lawyer as well as his or her accrediting documentation as such.

What advantages does notarial divorce offer?

Some of the advantages of notarial divorce, provided that the requirements are met, are the speed and ease of the process for the spouses, as it avoids the delay involved in any judicial procedure, the filing of a lawsuit, and the fact that it is not necessary to wait for the finality of the sentence since the notarial divorce deed takes immediate effect.

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